BILL NUMBER: SB 600 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 8, 1999
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senator Costa
FEBRUARY 23, 1999
An act to amend Sections 1141.18 and 1141.28 of the Code of
Civil Procedure, to amend Sections 77201.1 and 77212
68085, 77009, 77201.1, 77212, and 77654 of the
Government Code, to amend Section 1037 of the Penal Code, and to
amend Section 100 of the Welfare and Institutions Code,
relating to trial court funding.
LEGISLATIVE COUNSEL'S DIGEST
SB 600, as amended, Costa. Trial court funding.
(1) Existing law provides that the county may increase the
compensation for arbitrators in that county.
This bill would provide instead that the Judicial Council may
increase the compensation for arbitrators in a county.
(2) Existing law provides for the county to pay for the costs of
arbitration, except as specified.
This bill would require the court to pay for the costs of
arbitration, except as specified.
(3) Existing law requires the Judicial Council to report to the
Legislature on alternative procedures that would improve the
collection and remittance of revenues to the Trial Court Trust Fund
no later than February 1, 1999.
This bill would extend that date to February 1, 2000.
(4) Existing law requires each county to establish a Trial Court
Operations Fund in the county treasury, as specified.
This bill would require all funds received by a trial court for
operating and program purposes to be deposited in the trial court
operations fund; and would require funds received for funding child
support commissioners and family law facilitators, and specified
funds received for purposes other than court operations, to be placed
in special accounts in that fund, as specified.
(5) Existing law specifies various amounts, and contingent
revisions to those amounts, which certain counties are required to
remit to the state for purposes of trial court funding beginning on
July 1, 1999; and provides for the continuation of services provided
to courts by counties or cities and counties.
(6) Existing law provides that a county shall be responsible for
providing necessary facilities for judicial officers and support
staff for judicial positions created prior to July 1, 1996, during
the period from July 1, 1997, to June 30, 2001; and that a county
shall be responsible for necessary facilities for judicial officers
and support staff for judgeships authorized by statutes chaptered in
1996; but that the state shall assume financial responsibility for
necessary facilities for judicial officers and support staff for
judgeships authorized from January 1, 1998, to June 30, 2001, unless
the county and the court agree to the contrary.
This bill would further provide that if the state assumes full
responsibility for court facilities after June 30, 2001, a county
shall be reimbursed for costs incurred by the county general fund for
new court facilities constructed or under construction between
January 1, 2000, and the date of the state assumption of
responsibility for court facilities; and if the state assumes a
shared responsibility for court facilities after June 30, 2001, a
county shall be reimbursed for costs incurred by the county general
fund for new court facilities constructed or under construction
between January 1, 2000, and the date of the state assumption of
shared responsibility for court facilities, in the same proportion as
the state's responsibility for court facilities after June 30, 2001.
(7) Existing law provides that when a court orders a change of
venue in a criminal case to another county all costs incurred by that
county, which are not payable by the state, as specified, shall be a
charge against the county in which the action originated.
This bill would provide, instead, that when a court orders a
change of venue to a court in another county all costs incurred by
that court or county, which are not payable by the state, as
specified, shall be a charge against the court or the county in which
the action originated. The bill would further provide that costs
that are included in the definition of court operations shall be
considered court costs and are a charge against the court in the
county in which the action originated; that all other costs shall be
considered county costs and are a charge against the county in which
the action originated; and that the presiding judge of the court, or
his or her designee, shall authorize, and the treasurer shall pay,
the amount of court costs out of the Trial Court Operations Fund as
directed by the court.
(8) Existing law requires the Judicial Council to establish or
expand court-appointed special advocate programs pursuant to a
request-for-proposal process, upon application by a board of
supervisors.
This bill would delete the requirement for application by a board
of supervisors.
(9) The bill would impose a state-mandated local program by
imposing new duties upon courts and the county treasurer.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would make a technical, nonsubstantive change in those
provisions.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1141.18 of the Code of Civil Procedure is
amended to read:
1141.18. (a) Arbitrators shall be retired judges, retired court
commissioners who were licensed to practice law prior to their
appointment as a commissioner, or members of the State Bar, and shall
sit individually. A judge may also serve as an arbitrator without
compensation. People who are not attorneys may serve as arbitrators
upon the stipulation of all parties.
(b) The Judicial Council rules shall provide for the compensation,
if any, of arbitrators, except that no compensation shall be paid
prior to the filing of the award by the arbitrator, or prior to the
settlement of the case by the parties. Compensation for arbitrators
shall, unless waived in whole or in part, be one hundred fifty
dollars ($150) per case, or one hundred fifty dollars ($150) per day,
whichever is greater, except that the board of supervisors
of a county or a city and county Judicial Council may,
after consultation with the affected courts in the county or city
and county, may set a higher level of
compensation for courts in that county or city and county.
that county or city and county .
(c) The board of governors of the State Bar shall provide by rule
for the method of selection of arbitrators after consulting with
administrative committees established pursuant to Rule 1603 of the
Judicial Arbitration Rules for Civil Cases and with county bar
associations in counties where there are no administrative
committees. These rules shall provide for specialized panels and
shall become operative upon approval of the Judicial Council.
(d) Any party may request the disqualification of the arbitrator
selected for his or her case on the grounds and by the procedures
specified in Section 170.1 or 170.6. A request for disqualification
of an arbitrator on grounds specified in Section 170.6 shall be made
within five days of the naming of the arbitrator. An arbitrator
shall disqualify himself or herself, upon demand of any party to the
arbitration made before the conclusion of the arbitration proceedings
on any of the grounds specified in Section 170.1.
SEC. 2. Section 1141.28 of the Code of Civil Procedure is amended
to read:
1141.28. (a) All administrative costs of arbitration, including
compensation of arbitrators, shall be paid for by the county
court in which the arbitration costs are
incurred, except as otherwise provided in subdivision (b) and in
Section 1141.21.
(b) The actual costs of compensation of arbitrators in any
proceeding which would not otherwise be subject to the provisions of
this chapter but in which arbitration is conducted pursuant to this
chapter solely because of the stipulation of the parties, shall be
paid for in equal shares by the parties. If the imposition of these
costs would create such a substantial economic hardship for any party
as not to be in the interest of justice, as determined by the
arbitrator, that party's share of costs shall be paid for by the
county court in which the arbitration
costs are incurred. The determination as to substantial economic
hardship may be reviewed by the court.
SEC. 3. Section 68085 of the Government Code is amended to read:
68085. (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned at least quarterly
for the purpose of funding trial court operations, as defined in
Section 77003. In no event shall apportionment payments exceed 30
percent of the total annual apportionment to the Trial Court Trust
Fund for state trial court funding in any 90-day period.
(2) The apportionment payments shall be made by the Controller.
For fiscal year 1997-98, the Controller shall make the first
apportionment payment within 10 days of the operative date of this
section. The final payment from the Trial Court Trust Fund for each
fiscal year shall be made on or before August 31 of the subsequent
fiscal year.
(3) If apportionment payments are made on a quarterly basis, the
payments shall be on July 15, October 15, January 15, and April 15.
In addition to quarterly payments, a final payment from the Trial
Court Trust Fund for each fiscal year may be made on or before August
31 of the subsequent fiscal year.
(b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted herefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(c) (1) Except as specified in subdivision (d), this section
applies to all fees collected pursuant to Sections 631.3 and 116.230
of the Code of Civil Procedure and Sections 26820.4, 26823, 26826,
26826.01, 26827, 26827.4, 26830, 26832.1, 26833.1, 26835.1, 26836.1,
26837.1, 26838, 26850.1, 26851.1, 26852.1, 26853.1, 26855.4, 26862,
27081.5, 68086, 72055, 72056, 72056.01, and 72060.
(2) If any of the fees provided for in this subdivision are
partially waived by court order, and the fee is to be divided between
the Trial Court Trust Fund and any other fund, the amount of the
partial waiver shall be deducted from the amount to be distributed to
each fund in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(3) Any amounts transmitted by a county to the Controller for
deposit into the Trial Court Trust Fund from fees collected pursuant
to Section 27361 between January 1, 1998, and the effective date of
this paragraph shall be credited against the total amount the county
is required to pay to the state pursuant to paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year.
(d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
which is allocated for dispute resolution pursuant to Section 470.3
of the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238. This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
(e) This section applies to all payments required to be made to
the Trial Court Trust Fund by any county or city and county pursuant
to Section 77201, 77201.1, or 77205.
(f) Notwithstanding any other provision of law, no agency shall
take action to change the amounts allocated to any of the above
funds.
(g) Before making any apportionments under this section, the
Controller shall deduct, from the annual appropriation for that
purpose, the actual administrative costs that will be incurred under
this section. Costs reimbursed under this section shall be
determined on an annual basis in consultation with the Judicial
Council.
(h) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the Controller no later than 45 days after the end of the month in
which the fees were collected. This remittance shall be accompanied
by a remittance advice identifying the collection month and the
appropriate account in the Trial Court Trust Fund to which it is to
be deposited. Any remittance which is not made by the county or city
and county in accordance with this section shall be considered
delinquent, and subject to the penalties specified in this section.
(i) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 11/2 percent per month for the
number of days the payment is delinquent. Notwithstanding Section
77009, any penalty on a delinquent payment that a court is required
to reimburse to a county's general fund pursuant to this section and
Section 24353 shall be paid from the Trial Court Operations Fund for
that court.
(j) Penalty amounts calculated pursuant to subdivision (i) shall
be paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
(k) The Trial Court Trust Fund shall be invested in the Surplus
Money Investment Fund and all interest earned shall be allocated to
the Trial Court Trust Fund semiannually and shall be allocated among
the courts in accordance with the requirements of subdivision (a).
The specific allocations shall be specified by the Judicial Council,
based upon recommendations from the Trial Court Budget Commission.
(l) It is the intent of the Legislature that the revenues required
to be deposited into the Trial Court Trust Fund be remitted as soon
after collection by the courts as possible. Not later than February
1, 1999 2000 , the Judicial Council, in
consultation with the California State Association of Counties and
the California County Auditors Association, shall study and make
recommendations to the Legislature on alternative procedures that
would improve the collection and remittance of revenues to the Trial
Court Trust Fund.
SEC. 4. Section 77009 of the Government Code is amended to read:
77009. (a) For the purposes of funding trial court operations,
each board of supervisors shall establish in the county treasury a
Trial Court Operations Fund, which will operate as an agency fund.
All funds appropriated in the Budget Act and allocated and
reallocated to each court in the county by the Judicial Council shall
be deposited into the fund. Accounts shall be established in the
Trial Court Operations Fund for each trial court in the county,
except that one account may be established for courts which have a
unified budget. In a county where court budgets include
appropriations for expenditures administered on a countywide basis,
including, but not limited to, court security, centralized
data-processing and planning and research services, an account for
each centralized service shall be established and funded from those
appropriations.
(b) The moneys of the Trial Court Operations Fund arising from
deposits of funds appropriated in the Budget Act and allocated or
reallocated to each court in the county by the Judicial Council shall
be payable only for the purposes set forth in Sections 77003 and
77006.5, and for services purchased by the court pursuant to
subdivisions (b) and (c) of Section 77212. The presiding judge of
each court in a county, or his or her designee, shall authorize and
direct expenditures from the fund and the county auditor-controller
shall make payments from the funds as directed. Approval of the
board of supervisors is not required for expenditure from this fund.
(c) All funds received by a trial court from any source shall be
deposited in the trial court operations fund. Funds that are
received to fulfill the requirements of Article 4 (commencing with
Section 4250) of Chapter 2 of Part 2 of Division 9 and Division 14
(commencing with Section 10000) of the Family Code shall be
identified and maintained in a separate account established in the
fund for this purpose. All other funds that are received for
purposes other than court operations, as defined in Section 77003 and
Rule 810 of the California Rules of Court, shall be identified and
maintained in one or more separate accounts established in the fund
pursuant to procedures adopted by the Judicial Council. This
subdivision shall only apply to funds received by the courts for
operating and program purposes. This subdivision shall not apply to
funds received by the courts pursuant to Section 68084, if those
funds are not for operating or program use.
(d) Interest received by a county which is attributable to
investment of money required by this section to be deposited in its
Trial Court Operations Fund shall be deposited in the fund and shall
be used for trial court operations purposes.
(d)
(e) In no event shall interest be charged to the Trial Court
Operations Fund, except as provided in Section 77009.1.
(e)
(f) Reasonable administrative expenses incurred by the
county associated with the operation of this fund shall be charged to
each court on a pro rata basis in proportion to the total amount
allocated to each court in this fund.
(f)
(g) A county, or city and county, may bill trial courts
within its jurisdiction for costs for services provided by the
county, or city and county, as described in Sections 77003 and 77212,
including indirect costs as described in paragraph (7) of
subdivision (a) of Section 77003 and Section 77212. The costs billed
by the county, or the city and the county, pursuant to this
subdivision shall not exceed the costs incurred by the county, or the
city and the county, of providing similar services to county
departments or special districts.
(g)
(h) Pursuant to Section 77206, the Controller, at the
request of the Legislature or the Judicial Council, may perform
financial and fiscal compliance audits of this fund.
(h)
(i) The Judicial Council with the concurrence of the
Department of Finance and the Controller's office shall establish
procedures to implement the provisions of this section and to provide
for payment of trial court operations expenses, as described in
Sections 77003 and 77006.5, incurred on July 1, 1997, and thereafter.
(i)
(j) The Judicial Council shall study alternative methods for
the establishment and management of the Trial Court Operations Fund
as provided in this section, and shall report its findings and
recommendations to the Legislature not later than November 1, 1998.
SEC. 5. Section 77201.1 of the Government Code, as amended
by Section 1 of Chapter 1017 of the Statutes of 1998, is amended to
read:
77201.1. (a) Commencing on July 1, 1997, and each year
thereafter, no county shall be responsible for funding court
operations, as defined in Section 77003 and Rule 810 of the
California Rules of Court as it read on July 1, 1996.
(b) Commencing in the 1999-2000 fiscal year, and each fiscal year
thereafter, each county shall remit to the state in four equal
installments due on October 1, January 1, April 1, and May 1, the
amounts specified in paragraphs (1) and (2), as follows:
(1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:
Jurisdiction Amount
Alameda ........................ $ 22,509,905
Alpine ......................... -
Amador ......................... -
Butte .......................... -
Calaveras ...................... -
Colusa ......................... -
Contra Costa ................... 11,974,535
Del Norte ...................... -
El Dorado ...................... -
Fresno ......................... 11,222,780
Glenn .......................... -
Humboldt ....................... -
Imperial ....................... -
Inyo ........................... -
Kern ........................... 9,234,511
Kings........................... -
Lake ........................... -
Lassen ......................... -
Los Angeles .................... 175,330,647
Madera ......................... -
Marin .......................... -
Mariposa ....................... -
Mendocino ...................... -
Merced ......................... -
Modoc .......................... -
Mono ........................... -
Monterey ....................... 4,520,911
Napa ........................... -
Nevada ......................... -
Orange ......................... 38,846,003
Placer ......................... -
Plumas ......................... -
Riverside ...................... 17,857,241
Sacramento ..................... 20,733,264
San Benito ..................... -
San Bernardino ................. 20,227,102
San Diego ...................... 43,495,932
San Francisco .................. 19,295,303
San Joaquin .................... 6,543,068
San Luis Obispo ................ -
San Mateo ...................... 12,181,079
Santa Barbara .................. 6,764,792
Santa Clara .................... 28,689,450
Santa Cruz ..................... -
Shasta ......................... -
Sierra ......................... -
Siskiyou ....................... -
Solano ......................... 6,242,661
Sonoma ......................... 6,162,466
Stanislaus ..................... 3,506,297
Sutter ......................... -
Tehama ......................... -
Trinity ........................ -
Tulare ......................... -
Tuolumne ....................... -
Ventura ........................ 9,734,190
Yolo ........................... -
Yuba ........................... -
(2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001, 1463.07, and 1464 of the Penal Code, and Sections
42007, 42007.1, and 42008 of the Vehicle Code during the 1994-95
fiscal year:
Jurisdiction Amount
Alameda .......................... $ 9,912,156
Alpine ........................... 58,757
Amador ........................... 265,707
Butte ............................ 1,217,052
Calaveras ........................ 310,331
Colusa ........................... 397,468
Contra Costa ..................... 4,168,194
Del Norte ........................ 553,730
El Dorado ........................ 1,028,349
Fresno ........................... 3,695,633
Glenn ............................ 360,974
Humboldt ......................... 1,025,583
Imperial ......................... 1,144,661
Inyo ............................. 614,920
Kern ............................. 5,530,972
Kings............................. 982,208
Lake ............................. 375,570
Lassen ........................... 430,163
Los Angeles ...................... 71,002,129
Madera ........................... 1,042,797
Marin ............................ 2,111,712
Mariposa ......................... 135,457
Mendocino ........................ 717,075
Merced ........................... 1,733,156
Modoc ............................ 104,729
Mono ............................. 415,136
Monterey ......................... 3,330,125
Napa ............................. 719,168
Nevada ........................... 1,220,686
Orange ........................... 19,572,810
Placer ........................... 1,243,754
Plumas ........................... 193,772
Riverside ........................ 7,681,744
Sacramento ....................... 5,937,204
San Benito ....................... 302,324
San Bernardino ................... 8,511,193
San Diego ........................ 16,166,735
San Francisco .................... 4,046,107
San Joaquin ...................... 3,562,835
San Luis Obispo .................. 2,036,515
San Mateo ........................ 4,831,497
Santa Barbara .................... 3,277,610
Santa Clara ...................... 11,597,583
Santa Cruz ....................... 1,902,096
Shasta ........................... 1,044,700
Sierra ........................... 42,533
Siskiyou ......................... 615,581
Solano ........................... 2,708,758
Sonoma ........................... 2,316,999
Stanislaus ....................... 1,855,169
Sutter ........................... 678,681
Tehama ........................... 640,303
Trinity .......................... 137,087
Tulare ........................... 1,840,422
Tuolumne ......................... 361,665
Ventura .......................... 4,575,349
Yolo ............................. 880,798
Yuba ............................. 289,325
(3) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
(4) Except for those counties with a population of 70,000, or
less, on January 1, 1996, the amount a county is required to remit
pursuant to paragraph (1) shall be adjusted by the amount equal to
any adjustment resulting from the procedures in subdivisions (c) and
(d) of Section 77201 as that section read on June 30, 1998, to the
extent a county filed an appeal with the Controller with respect to
the findings made by the Department of Finance. This paragraph shall
not be construed to establish a new appeal process beyond what was
provided by Section 77201, as that section read on June 30, 1998.
(5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county, and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of this subdivision by an equal amount.
Nothing in this paragraph is intended to limit judicial sentencing
discretion.
(c) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
(d) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of youth authority charges.
(e) County base year remittance requirements specified in
paragraph (2) of subdivision (b) incorporate specific reductions to
reflect those instances where the Department of Finance has
determined that a county's remittance to both the General Fund and
the Trial Court Trust Fund during the 1994-95 fiscal year exceeded
the aggregate amount of state funding from the General Fund and the
Trial Court Trust Fund. The amount of the reduction was determined
by calculating the difference between the amount the county remitted
to the General Fund and the Trial Court Trust Fund and the aggregate
amount of state support from the General Fund and the Trial Court
Trust Fund allocated to the county's trial courts. In making its
determination of whether a county is entitled to a reduction pursuant
to that paragraph, the Department of Finance subtracted from county
revenues remitted to the state, all moneys derived from the fee
required by Section 42007.1 of the Vehicle Code and the parking
surcharge required by subdivision (c) of Section 76000.
(f) Notwithstanding subdivision (e), the Department of Finance
shall not reduce a county's base-year remittance requirement, as
specified in paragraph (2) of subdivision (b), if the county's trial
court funding allocation was modified pursuant to the amendments to
the allocation formula set forth in paragraph (4) of subdivision (d)
of Section 77200, as amended by Chapter 2 of the Statutes of 1993, to
provide a stable level of funding for small county courts in
response to reductions in the General Fund support for the trial
courts.
(g) In any fiscal year in which a county of the first class pays
the employer-paid retirement contribution for court employees, or any
other employees of the county who provide a service to the court,
and the amounts of those payments are charged to the budget of the
courts, the sum the county is required to pay to the state pursuant
to paragraph (1) of subdivision (b) shall be increased by the actual
amount charged to the trial court up to twenty-three million five
hundred twenty-seven thousand nine hundred forty-nine dollars
($23,527,949) in that fiscal year. The county and the trial court
shall report to the Controller and the Department of Finance the
actual amount charged in that fiscal year.
(h) This section shall become operative on July 1, 1999.
SEC. 2.
SEC. 6. Section 77212 of the Government Code is amended to
read:
77212. (a) The State of California, the counties of California,
and the trial courts of California, recognize that a unique and
interdependent relationship has evolved between the courts and the
counties over a sustained period of time. While it is the intent of
this act to transfer all fiscal responsibility for the support of the
trial courts from the counties to the State of California, it is
imperative that the activities of the state, the counties, and the
trial courts be maintained in a manner that ensures that services to
the people of California not be disrupted. Therefore, to this end,
during the 1997-98 fiscal year, commencing on July 1, 1997, counties
shall continue to provide and courts shall continue to use, county
services provided to the trial courts on July 1, 1997, including, but
not limited to: auditor/controller services, coordination of
telephone services, data processing and information technology
services, procurement, human resources services, affirmative action
services, treasurer/tax collector services, county counsel services,
facilities management, and legal representation. These services shall
be provided to the court at a rate that shall not exceed the costs
of providing similar services to county departments
or special districts. If the cost was not
included in the county base pursuant to paragraph (1) of subdivision
(b) of Section 77201 or was not otherwise charged to the court prior
to July 1, 1997, and were court operation costs as defined in Section
77003 in fiscal year 1994-95, the court may seek adjustment of the
amount the county is required to submit to the state pursuant Section
77201.
(b) In fiscal year 1998-99 commencing on July 1, 1998, and
thereafter the county may give notice to the court that the county
will no longer provide a specific service except that the county
shall cooperate with the court to ensure that a vital service for the
court shall be available from the county or other entities that
provide such services. The notice must be given at least 90 days
prior to the end of the fiscal year and shall be effective only upon
the first day of the succeeding fiscal year.
(c) In fiscal year 1998-99, commencing on July 1, 1998, and
thereafter, the court may give notice to the county that the court
will no longer use a specific county service. The notice shall be
given at least 90 days prior to the end of the fiscal year and shall
be effective only upon the first day of the succeeding fiscal year.
However, for three years from the effective date of this section, a
court shall not terminate a service that involved the acquisition of
equipment, including, but not limited to, computer and data
processing systems, financed by a long-term financing plan whereby
the county is dependent upon the court's continued financial support
for a portion of the cost of the acquisition.
(d) (1) If a trial court desires to receive or continue to receive
a specific service from a county or city and county as provided in
subdivision (c), and the county or city and county desires to provide
or continue to provide that service as provided in subdivision (b),
the presiding judge of that court and the county or city and county
shall enter into a contract for that service. The contract shall
identify the scope of service, method of service delivery, term of
agreement, anticipated service outcomes, and the cost of the service.
The court and the county or city and county shall cooperate in
developing and implementing the contract.
(2) This subdivision applies to services to be provided in fiscal
year 1999-2000 and thereafter.
SEC. 7. Section 77654 of the Government Code is amended to read:
77654. (a) The task force shall be appointed on or before October
1, 1997.
(b) The task force shall meet and establish its operating
procedures on or before September 1, 1998, and submit its plan for
the entire review of court facilities by October 1, 1998, to the
Judicial Council, Legislature, and Governor.
(c) The task force shall review all available court facility
standards and make preliminary determinations of acceptable standards
for construction, renovation, and remodeling of court facilities,
and shall report those preliminary determinations to the Judicial
Council, the Legislature, and the Governor in an interim report on or
before July 1, 1999.
(d) The task force shall complete a survey of all trial and
appellate court facilities in the state and report its findings to
the Judicial Council, the Legislature, and the Governor in a second
interim report on or before January 1, 2001. The report shall
document all of the following:
(1) The state of existing court facilities.
(2) The need for new or modified court facilities.
(3) The currently available funding options for constructing or
renovating court facilities.
(4) The impact which creating additional judgeships has upon court
facility and other justice system facility needs.
(5) The effects which trial court coordination and consolidation
have upon court and justice system facilities needs.
(6) Administrative and operational changes which can reduce or
mitigate the need for added court or justice system facilities.
(7) Recommendations for specific funding responsibilities among
the entities of government including full state responsibility, full
county responsibility, or shared responsibility.
(8) A proposed transition plan if responsibility is to be changed.
(9) Recommendations regarding funding sources for court facilities
and funding mechanisms to support court facilities.
(e) The interim reports shall be circulated for comment to the
counties, the judiciary, the Legislature, and the Governor. The task
force may also circulate these reports to users of the court
facilities.
(f) The task force shall submit a final report to the Judicial
Council, the Legislature, and the Governor on or before July 1, 2001.
The report shall include all elements of the interim reports
incorporating any changes recommended by the task force in response
to comments received.
(g) Notwithstanding any other provision of law, during the period
from July 1, 1997 to June 30, 2001, the board of supervisors of each
county shall be responsible for providing suitable and necessary
facilities for judicial officers and court support staff for judicial
positions created prior to July 1, 1996, to the extent required by
Section 68073. The board of supervisors of each county shall also be
responsible for providing suitable and necessary facilities for
judicial officers and court support staff for judgeships authorized
by statutes chaptered in 1996 to the extent required by Section
68073, provided that the board of supervisors agrees that new
facilities are either not required or that the county is willing to
provide funding for court facilities. Unless a court and a county
otherwise mutually agree, the state shall assume responsibility for
suitable and necessary facilities for judicial officers and support
staff for any judgeships authorized during the period from January 1,
1998, to June 30, 2001. If, however, the state assumes full
responsibility for court facilities after June 30, 2001, a county
shall be reimbursed for costs incurred by the county general fund for
new court facilities constructed or under construction between
January 1, 2000, and the date of the state assumption of
responsibility for court facilities. If the state assumes a shared
responsibility for court facilities after June 30, 2001, a county
shall be reimbursed for costs incurred by the county general fund for
new court facilities constructed or under construction between
January 1, 2000, and the date of the state assumption of shared
responsibility for court facilities, in the same proportion as the
state's responsibility for court facilities after June 30, 2001.
SEC. 8. Section 1037 of the Penal Code is amended to read:
1037. (a) When a court orders a change of venue to a court
in another county all costs incurred by that court or
county, which are not payable pursuant to Section 4750, for the
transfer, preparation and trial of the action, the guarding, keeping
and transportation of the prisoner, any appeal or other proceeding
relating to the action and execution of the sentence shall be a
charge against the court or the county in which the action
originated. Costs that are included in the definition of court
operations as defined in Section 77003 of the Government Code and
Rule 810 of the California Rules of Court shall be considered court
costs and are a charge against the court in the county in which the
action originated. All other costs shall be considered county costs
and are a charge against the county in which the action originated.
(b) Claim Claims for the costs
described in subdivision (a) shall be forwarded to the treasurer and
auditor of the county in which the action originated and the
. The treasurer shall pay the amount of
such county costs out of the general
funds of the county. The presiding judge of the court, or his
or her designee, shall authorize, and the treasurer shall pay, the
amount of court costs out of the Trial Court Operations Fund as
directed by the court.
(c) The term "all costs" means all reasonable and necessary costs
incurred by the county as a result of the change of venue which would
not have been incurred but for the change, and does not include
normal salaries, overhead, and other expenses which would have been
incurred by the county in any event.
(d) The trial court may, in its sound discretion, approve any cost
as reasonable and necessary under this section. Prior to the trial
court's issuing any order approving such a cost, the clerk shall give
10 days' written notice of the court's intention to issue an order
to the auditor of the county in which the action originated. The
auditor may appear for the limited purpose of opposing the issuance
of the order. If he or she fails to appear, the county of origin may
not in any other proceeding contest the imposition of these costs.
SEC. 9. Section 100 of the Welfare and Institutions Code is
amended to read:
100. The Judicial Council shall establish a planning and advisory
group consisting of appropriate professional and program specialists
to recommend on the development of program guidelines and funding
procedures consistent with this chapter. At a minimum, the council
shall adopt program guidelines consistent with the guidelines
established by the National Court Appointed Special Advocate
Association, and with California law; but the council may require
additional or more stringent standards. State funding shall be
contingent on a program adopting and adhering to the program
guidelines adopted by the council.
The program guidelines adopted by the council shall be adopted and
incorporated into local rules of court by each participating
superior court as a prerequisite to funding pursuant to this chapter.
The council shall adopt program guidelines and criteria for
funding which encourage multicounty CASA programs where appropriate,
and shall in no case provide for funding more than one program per
county.
The council shall establish in a timely fashion a
request-for-proposal process to establish, maintain, or expand local
CASA programs , upon application of a board of supervisors,
and require local matching funds or in-kind funds equal to
the proposal request. The maximum state grant per county program per
year shall not exceed thirty-five thousand dollars ($35,000) in
counties in which the population is less than 700,000 and shall not
exceed fifty thousand dollars ($50,000) in counties in which the
population is 700,000 or more, according to the annual population
report provided by the Department of Finance.
SEC. 10. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.